Employment Law

The Court of Appeals affirms the commission’s denial of benefits to a trash collector who injured his left knee stepping down from his truck’s 22 ¼ inch step using a grab bar; the medical testimony was inconclusive and employee failed ...

Federal overtime-pay law under the Fair Labor Standards Act does not preempt a Virginia statute that provides for overtime pay at a lower threshold of hours regularly scheduled during a “recurring and fixed period,” and the Richmond U.S. District Court ...

A county school food-service worker who has received ordinary disability from the Fairfax County Employees Retirement System (FCERS) cannot sue for breach of contract, due process or equal protection violations arising from denial of her claim for service-connected disability; the ...

An Alexandria U.S. District Court adopts the “majority view” and says individual school board employees may be sued for FMLA violations; the court says a teacher’s assistant who was not offered a new employment contract after she returned from FMLA ...

The Court of Appeals affirms the commission’s majority decision denying benefits to an employee injured by electrical shock; the conflicting medical testimony of four physicians and a case manager support the majority’s conclusion that employee failed to prove continuing disability ...

In employee’s appeal of the denial of benefits, the Court of Appeals affirms the commission’s determination that employee violated a known safety rule to unplug the meat slicer before cleaning it; employee’s willful violation cannot be excused by alleged nonenforcement ...

A union member who claims she became the target for harassment and retaliation by union and company officials after she reported to regional union officials that the local union president and vice president were observed viewing pornographic images on a ...

An African-American boat painter who won his retaliation claim against a boatyard owner who shared with another local boatyard that the painter had filed an EEOC charge after he was terminated, now wins attorney’s fees as the Richmond U.S. District ...

An employee of a specialty paint crew painting a coal loader belonging to Norfolk Southern was working on a “preservation” project, not a “maintenance” project that was part of Norfolk Sothern’s trade, business or occupation, and the Norfolk Circuit Court ...

A bank employee with a history of excessive absenteeism did not articulate a request for leave under the Family Medical Leave Act when she told her employer she would need to be absent from work for more than one day ...